What is unordered delivery? How to avoid the trap of "two short goods and money"?

In international trade, sea bills of lading are the core certificates of ownership of goods, but the problem of "delivery without orders" has caused many export companies to suffer huge losses.

Unordered delivery refers to the act of the carrier (shipping company or freight forwarder) who fails to recover the original bill of lading and release the goods to the consignee in advance based on the letter of guarantee or other documents provided by the consignee.

This behavior directly violates the Maritime Law and international shipping rules. It is essentially an illegal transfer of ownership of the goods, which may cause the seller to be unable to recover the payment.

The buyer's malicious operation:The consignee uses a “special relationship” with the carrier or forges documents to pick up the goods;

Position Port Policy Loops:Some countries (such as Brazil and Angola) allow customs clearance with copy list of lading;

Carrier Violation:In order to speed up port turnover or cater to customer needs, unauthorized delivery of goods;

Freight forwarding management chaos:The freight forwarder colludes with the buyer, or submits a delivery order incorrectly.

The seller suffered heavy losses:The goods were taken away but the payment was not received, and the recovery cost was high;

Difficulties in legal rights protection:Cross-border litigation is time-consuming and expensive, and the evidence is complicated;

Credit risk spread:The buyer may use this to lower the price or default on other orders.

Adhere to the "release orders when you see the money": never send the original bill of lading before receiving the full amount;

Use **Telex Release** and be careful to confirm that the payment is received before notifying the delivery of the goods.

Priority is given to cooperation with reputable shipping companies (such as Maersk and COSCO Shipping) to avoid small freight forwarders;

When signing the transportation contract, the clause "must be released on the original bill of lading" is clearly stated, and a high penalty for liquidated damages are agreed.

Promote blockchain bill of lading (such as TradeLens platform) to reduce the risk of tampering through digital encrypted bill of lading;

The carrier is required to provide real-time status tracking of the goods at the destination port.

Export credit insurance is insured through Sinosure, covering the loss of payment caused by unordered delivery;

The insurance policy can be used as a financing guarantee at the same time to alleviate financial pressure.

Include the "Retention of Ownership of Goods" in the trade contract: "Before the buyer pays the full payment, the ownership of the goods belongs to the seller";

Dispute resolution is preferred for Chinese courts or arbitration institutions (such as CIETAC).

To Brazil and Nigeria, countries with high incidence of stocks without orders:

Require the buyer to pay 100% of the payment in advance;

Use letter of credit (L/C) to ensure bank credit intervention;

Designate the Chinese freight forwarder to control goods at the destination port.

Get evidence now:Keep the original bill of lading, trade contract, payment records, and evidence of the carrier's release of goods;

Double accountability:

Prosecuting the carrier for breach of the transportation contract and claiming the value of the goods;

Prosecuting the buyer for breach of the trade contract and recovering the payment and interest;

Apply for property preservation: Freeze the buyer or carrier's assets in China through the court.

Release of goods without orders is the "reef" of international trade, but by standardizing operating procedures and strengthening risk control, enterprises can completely save risks. The key is to establish the awareness of "bills of lading are goods", from partner screening, contract terms to technical tools, and build a full-chain risk control system. When risks occur, decisively using legal weapons to protect rights can minimize losses.